Refusal to accept job transfer under Art. 230 KP constitutes a serious breach of duties under Art. 52 KP.
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal seeking reinstatement after refusing a mandatory job transfer under Article 230 of the Labor Code. The court found that the employer's letter ordering the transfer to a non-hazardous position constituted a binding instruction, and the employee's subsequent refusal and return to a prohibited role amounted to a serious breach of basic duties. Consequently, the termination of the employment contract without notice was deemed lawful, and the claim for reinstatement was rejected.
Legislator headnote
AI generatedArt. 230 § 1 KP; Art. 52 § 1 pkt 1 KP: A written order to transfer an employee to a different position constitutes a binding instruction; refusal to comply constitutes a serious breach of basic employee duties justifying termination without notice.